UNION OF INDIA Vs. THWAHA FASAL

JUDGEMENT

(1.) These are appeals preferred under Section 21(4) of the National Investigation Agency Act, Act 34 of 2008, challenging the correctness of the common order passed by the Special Judge for the trial of NIA cases, Ernakulam in Crl.M.P.Nos.55/2020 and 56/2020 in S.C.No.1/2020/NIA. The respondents, along with another person by name Usman, who is absconding, stand charged by the NIA for offences punishable under Section 120B IPC read with Sections 38 and 39 of the Unlawful Activities (Prevention) Act, 1967, hereinafter referred to as 'the Act'. Apart from the above, the second accused, who is the respondent in Crl.A.No.705/2020, faces allegation under Section 13 of the Act also.

(2.) The allegation is that, on 01.11.2019 at 6.45 p.m. while the Sub Inspector of Pantheerankavu police station, Kozhikode and party were engaged in routine law and order patrol duty, he noticed the respondents and the said Usman huddled together in darkness on the veranda of a shop; out of suspicion when the police approached them, the said Usman ran away and disappeared from the place who has not yet been nabbed. Investigation of the case against him is continuing. The police seized objectionable printed and written materials from the respondents which include violent exhortations for civil war, in tune with Maoist ideology. They were taken to the police station and Crime No.507/2019 of Pantheerankavu police station was registered against the three accused persons alleging offences punishable under Sections 20, 38 and 39 of the Act along with Section 120B IPC. That night itself the residences of the respondents were searched and more incriminating materials were traced from their possession. According to the prosecution, such materials were more volatile, even exhorting secession of the country after liberating Jammu and Kashmir. Materials creating unrest in society also could be found out. Thus it became very clear that the respondents were activists of the banned CPI(Maoist). At the time of searching the residence of the second accused, he shouted slogans supporting Maoist ideology. Since the materials found out from the possession of the respondents were grave enough to pose threat to national security, by order dated 16.12.2019 the Ministry of Home Affairs, Government of India entrusted investigation of the case with the NIA. During the course of investigation, though the respondents had moved the courts seeking bail, they were rejected by the trial court as well as this Court. On conclusion of investigation, the final report has been laid against the respondents and the said Usman alleging offence punishable under Sections 38 and 39 of the Act read with 120B IPC besides Section 13 against the second accused.

(3.) After laying the charge sheet the respondents moved the trial court again with the said Crl.M.Ps. The learned Special Judge, by the impugned order, granted them bail, imposing conditions. That order is now under challenge.